Who Really Won?

Tuesday, January 11, 2005


A group of voters on Tuesday asked to drop their challenge of Ohio's presidential election results, saying congressional certification of the electoral votes last week and the upcoming inauguration render the case moot.

Citing fraud, lawyers representing 37 voters who cast ballots Nov. 2 had asked the court to examine several problems with voting procedures in the hopes of overturning President George W. Bush's victory in the state.

The election turned on Ohio's 20 electoral college votes, and not until preliminary results were finally available early on the morning of Nov. 3 did Democratic presidential candidate Sen. John Kerry concede.

Chief Justice Thomas Moyer of the state Supreme Court must still rule on the motion to dismiss the case, although he is expected to go along with the request.

Without giving specifics, attorney Cliff Arnebeck said challenges of the results would continue in state or federal courts. But he conceded that there was nothing available now to try to prevent Bush's inauguration.

"We are not quitting, we are going on to any other forum that's available and we intend to pursue those avenues aggressively," Arnebeck said.

The Bush campaign welcomed the announcement.

"This lawsuit was going be dismissed by the Supreme Court because it has no merit -- it looks like the people who filed it understood that," said Mark Weaver, an attorney representing the Bush campaign.